II 

118TH CONGRESS 

2D SESSION S. 3899 

To direct the Administrator of the Environmental Protection Agency to provide for the generation of Renewable Identification Numbers under the 

renewable fuel program for electricity from renewable biomass, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 11, 2024 

Mr. KING (for himself and Mrs. SHAHEEN) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

A BILL 

To direct the Administrator of the Environmental Protection 

Agency to provide for the generation of Renewable Identification Numbers under the renewable fuel program 

for electricity from renewable biomass, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Biomass for Transpor5 tation Fuel Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•S 3899 IS

1 (1) ELECTRIC UTILITY.—The term ‘‘electric 

2 utility’’ has the meaning given the term in section 

3 3 of the Federal Power Act (16 U.S.C. 796). 

4 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

5 has the meaning given the term in section 302 of the 

6 Clean Air Act (42 U.S.C. 7602). 

7 (3) PATHWAY PETITION.—The term ‘‘pathway 

8 petition’’ means a petition for approval of a fuel 

9 pathway that has electricity from renewable biomass 

10 as a fuel type under the renewable fuel program. 

11 (4) REGISTRATION REQUEST.—The term ‘‘reg12 istration request’’ means a request for registration 

13 of a facility producing electricity from renewable bio14 mass under an approved fuel pathway under the re15 newable fuel program. 

16 (5) RENEWABLE BIOMASS.—The term ‘‘renew17 able biomass’’ has the meaning given the term in 

18 section 211(o)(1) of the Clean Air Act (42 U.S.C. 

19 7545(o)(1)). 

20 (6) RENEWABLE FUEL PROGRAM.—The term 

21 ‘‘renewable fuel program’’ means the renewable fuel 

22 program under section 211(o) of the Clean Air Act 

23 (42 U.S.C. 7545(o)). 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•S 3899 IS

1 (7) STATE.—The term ‘‘State’’ has the mean2 ing given the term in section 302 of the Clean Air 

3 Act (42 U.S.C. 7602). 

4 (8) TRANSPORTATION FUEL.—The term ‘‘trans5 portation fuel’’ has the meaning given the term in 

6 section 211(o)(1) of the Clean Air Act (42 U.S.C. 

7 7545(o)(1)). 

8 SEC. 3. RENEWABLE ELECTRICITY UNDER THE RENEW9 ABLE FUEL PROGRAM. 

10 (a) TIMELY REVIEW OF PETITIONS AND REGISTRA11 TIONS.—The Administrator of the Environmental Protec12 tion Agency (referred to in this section as the ‘‘Adminis13 trator’’) shall review and make a determination for path14 way petitions and registration requests— 

15 (1) in the case of a complete pathway petition 

16 or registration request, by not later than the date 

17 that is 365 days after the date of submission of the 

18 pathway petition or registration request; and 

19 (2) in the case of other pathway petitions and 

20 registration requests, in a timely and expeditious 

21 manner. 

22 (b) PUBLIC DISCLOSURE.—The Administrator shall 

23 publish on the public internet website of the Environ24 mental Protection Agency, and update on a quarterly 

25 basis, the following: 


ssavage on LAPJG3WLY3PROD with BILLS
4 

•S 3899 IS

1 (1) With respect to each pathway petition that 

2 is pending, approved, or denied on or after the date 

3 of enactment of this Act— 

4 (A) the date on which the pathway petition 

5 is submitted to the Environmental Protection 

6 Agency; 

7 (B) the date on which any fee assessed 

8 pursuant to subsection (c) is collected by the 

9 Environmental Protection Agency; 

10 (C) the date on which the Administrator 

11 determines that the pathway petition is com12 plete; and 

13 (D) the date on which the pathway petition 

14 is approved or denied by the Administrator. 

15 (2) With respect to each registration request 

16 that is pending, approved, or denied on or after the 

17 date of enactment of this Act— 

18 (A) the date on which the registration re19 quest is submitted to the Environmental Pro20 tection Agency; 

21 (B) the date on which any fee assessed 

22 pursuant to subsection (c) is collected by the 

23 Environmental Protection Agency; 


ssavage on LAPJG3WLY3PROD with BILLS
5 

•S 3899 IS

1 (C) the date on which the Administrator 

2 determines that the registration request is com3 plete; and 

4 (D) the date on which the registration re5 quest is approved or denied by the Adminis6 trator. 

7 (c) FEES.— 

8 (1) ASSESSMENT AND COLLECTION.—The Ad9 ministrator may assess and collect a fee, in amounts 

10 determined by the Administrator necessary to cover 

11 the costs described in paragraph (2), from the oper12 ator of a facility that submits, updates, or renews— 

13 (A) a pathway petition; or 

14 (B) a registration request. 

15 (2) USE OF FEES.—A fee assessed and col16 lected pursuant to paragraph (1) shall be available, 

17 without further appropriation or fiscal year limita18 tion, for use by the Administrator for the costs of— 

19 (A) reviewing pathway petitions, including 

20 any associated costs for personnel; 

21 (B) reviewing registration requests, includ22 ing any associated costs for personnel; and 

23 (C) otherwise carrying out this Act. 

24 (3) REFUND.—If the Administrator has not 

25 completed a review of a complete pathway petition or 


ssavage on LAPJG3WLY3PROD with BILLS
6 

•S 3899 IS

1 registration request for which a fee has been as2 sessed and collected pursuant to paragraph (1) by 

3 the date that is 18 months after the date of that col4 lection— 

5 (A) the operator of a facility that sub6 mitted the pathway petition or registration re7 quest may request a refund of the fee; 

8 (B) not later than 90 days after receiving 

9 a request under subparagraph (A), the Admin10 istrator shall issue a full refund of the fee; and 

11 (C) the Administrator shall complete re12 view and disposition of the pathway petition or 

13 registration request without imposing any fur14 ther fee under this section for that process. 

15 (4) WAIVER.—The Administrator may, at the 

16 discretion of the Administrator, waive the fee under 

17 paragraph (1)— 

18 (A) for an electric utility that is wholly 

19 owned by a State (including any political sub20 division thereof) or an Indian Tribe; or 

21 (B) if the Administrator determines that 

22 the waiver is in the public interest. 

23 (d) RULEMAKING ON GENERATION OF CREDITS

24 (ERINS) FOR ELECTRICITY FROM RENEWABLE BIO25 MASS.— 


ssavage on LAPJG3WLY3PROD with BILLS
7 

•S 3899 IS

1 (1) DEFINITION OF REGISTERED PARTY.—In 

2 this subsection, the term ‘‘registered party’’ means 

3 an electric utility with— 

4 (A) a fuel pathway approved by the Ad5 ministrator under the renewable fuel program; 

6 and 

7 (B) a facility that— 

8 (i) produces electricity from renewable 

9 biomass; and 

10 (ii) is registered under the renewable 

11 fuel program. 

12 (2) REGULATION REQUIRED.—Subject to para13 graph (4), the Administrator shall— 

14 (A) not later than 90 days after the date 

15 of enactment of this Act, promulgate a regula16 tion providing for the generation of credits 

17 under section 211(o)(5) of the Clean Air Act 

18 (42 U.S.C. 7545(o)(5)) for electricity produced 

19 from renewable biomass that is sold, distrib20 uted, or used as transportation fuel; and 

21 (B) not later than 1 year after the date of 

22 enactment of this Act, finalize that regulation. 

23 (3) CONTENTS.—The regulation under para24 graph (2) shall prescribe and clarify— 


ssavage on LAPJG3WLY3PROD with BILLS
8 

•S 3899 IS

1 (A) which registered parties can generate 

2 the credits and associated Renewable Identifica3 tion Numbers; 

4 (B) how to prevent the credits from result5 ing in double-counting for purposes of the re6 newable fuel program; and 

7 (C) data requirements for valid generation 

8 of the credits and associated Renewable Identi9 fication Numbers. 

10 (4) OPTION TO FINALIZE PRIOR PROPOSED

11 RULE.—In lieu of promulgating a regulation pursu12 ant to paragraph (2), the Administrator may choose 

13 to modify and finalize the proposed rule of the Envi14 ronmental Protection Agency entitled ‘‘Renewable 

15 Fuel Standard (RFS) Program: Standards for 2023- 

16 2025 and Other Changes’’ (87 Fed. Reg. 80582 

17 (December 30, 2022)) to include— 

18 (A) provisions for the generation of credits 

19 as described in paragraph (2); and 

20 (B) each requirement and clarification list21 ed in paragraph (3). 

22 SEC. 4. ELIMINATION OF CERTAIN RESTRICTIONS ON RE23 NEWABLE BIOMASS FROM FORESTLANDS. 

24 Section 211(o)(1)(I) of the Clean Air Act (42 U.S.C. 

25 7545(o)(1)(I)) is amended— 


ssavage on LAPJG3WLY3PROD with BILLS
9 

•S 3899 IS

1 (1) by striking clause (ii) and inserting the fol2 lowing: 

3 ‘‘(ii) Trees and tree residue from 

4 forestlands (including forestlands belonging 

5 to an Indian Tribe or an Indian individual, 

6 that are held in trust by the United States 

7 or subject to a restriction against alien8 ation imposed by the United States).’’; and 

9 (2) in clause (iv)— 

10 (A) by striking ‘‘Slash and pre-commercial 

11 thinnings that are from non-federal 

12 forestlands’’ and inserting ‘‘Slash and thinnings 

13 from forestlands’’; and 

14 (B) by inserting ‘‘, unless the slash and 

15 thinnings are derived off those forests or 

16 forestlands for restoration purposes following a 

17 natural disturbance event’’ after ‘‘or late suc18 cessional forest’’. 

19 SEC. 5. FEDERAL DATA REPORTING ON RENEWABLE ELEC20 TRICITY FROM BIOMASS. 

21 (a) IN GENERAL.—The Administrator of the Energy 

22 Information Administration (referred to in this section as 

23 the ‘‘Administrator’’) shall include in the Electric Power 

24 Monthly, Electric Power Annual, Annual Energy Outlook, 

25 and any other relevant report of the Energy Information 


ssavage on LAPJG3WLY3PROD with BILLS
10 

•S 3899 IS

1 Administration, data on electricity generated from renew2 able biomass. 

3 (b) SEPARATE LINE ITEM.—In carrying out sub4 section (a), the Administrator shall include data on elec5 tricity generated from renewable biomass as a separate 

6 line item or in a manner that otherwise identifies such 

7 data as a separate subtotal of electricity generated. 

8 (c) CONSULTATION.—In carrying out this section, the 

9 Administrator shall consult with the Administrator of the 

10 Environmental Protection Agency. 

11 SEC. 6. TECHNICAL CORRECTIONS. 

12 (a) DEFINITIONS.—Section 211(o)(1)(G) of the 

13 Clean Air Act (42 U.S.C. 7545(o)(1)(G)) is amended, in 

14 the first sentence, by inserting ‘‘and’’ before ‘‘sulfur 

15 hexafluoride’’. 

16 (b) PERIODIC REVIEWS.—Section 211(o)(11) of the 

17 Clean Air Act (42 U.S.C. 7545(o)(11)) is amended by 

18 striking subparagraph (C) and inserting the following: 

19 ‘‘(C) the impacts of the requirements de20 scribed in paragraph (2)(B) on— 

21 ‘‘(i) refineries, blenders, distributors, 

22 and importers referred to in paragraph 

23 (2)(A)(iii)(I); and 


ssavage on LAPJG3WLY3PROD with BILLS
11 

•S 3899 IS

1 ‘‘(ii) consumers described in subpara2 graph (A)(iv) or (B)(ii)(V) of paragraph 

3 (2).’’. 

4 (c) BLENDING OF COMPLIANT REFORMULATED GAS5 OLINES.—Section 211(t)(1) of the Clean Air Act (42 

6 U.S.C. 7545(t)(1)) is amended, in the matter preceding 

7 subparagraph (A), by striking ‘‘this subtitle’’ and insert8 ing ‘‘this part’’. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS